Gujarat High Court
Rajesh Raghubhai Prajapati vs State Of Gujarat on 19 February, 2024
NEUTRAL CITATION
R/CR.MA/1595/2024 ORDER DATED: 19/02/2024
undefined
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/CRIMINAL MISC.APPLICATION (FOR ANTICIPATORY BAIL) NO. 1595
of 2024
==========================================================
RAJESH RAGHUBHAI PRAJAPATI
Versus
STATE OF GUJARAT
==========================================================
Appearance:
MR DILIP P JOSHI(1819) for the Applicant(s) No. 1
MR HK PATEL APP for the Respondent(s) No. 1
==========================================================
CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI
Date : 19/02/2024
ORAL ORDER
1. By way of the present petition under Section 438 of the
Code of Criminal Procedure, 1973, the petitioner has prayed to
release him on anticipatory bail in case of his arrest in
connection with the FIR registered as C.R.No.11993002230661
of 2023 registered with Adipur Police Station.
2. Learned advocate for the petitioner submits that
considering the nature of allegations, role attributed to the
petitioner, the petitioner may be enlarged on anticipatory bail by
imposing suitable conditions.
3. Learned Additional Public Prosecutor appearing on behalf
of the respondent-State has opposed grant of anticipatory bail
looking to the nature and gravity of the offence.
4. Heard the learned Advocates for the respective parties and
perused the papers.
NEUTRAL CITATION
R/CR.MA/1595/2024 ORDER DATED: 19/02/2024
undefined
5. Having heard the learned counsel for the parties and
perusing the record of the case and taking into consideration the
facts of the case, nature of allegations, role attributed to the
accused, without discussing the evidence in detail, at this stage,
I am inclined to exercise discretion in favour of the petitioner for
the following reasons : -
(1) The offence is triable by the Magistrate Court;
(2) As per affidavit of the IO, no antecedent is recorded
against the petitioner.
(3) Maximum punishment which can be imposed on
successful conviction is of three years.
(4) The judgment in the case of Arnesh Kumar v/s. State
of Bihar [(2003 (8) SCC 273] reiterated in the case of
Md. Asfak Alam Vs. The State of Jharkhand and
another reported in 2023 INSC 660 and pursuant to
which, Circular No.C.2703/81 issued by this Court is
applied.
(5) Under the instructions of petitioner, learned Advocate
states that petitioner is ready and willing to co-
operate with the investigation.
6. This Court while exercising discretion in favour of the
petitioner has taken into consideration law laid down by the
Apex Court in the case of Siddharam Satlingappa Mhetre v/s.
State of Maharashtra and Ors. [2011] 1 SCC 694, wherein the
Hon'ble Apex Court reiterated the law laid down by the
Constitutional Bench in the the case of Shri Gurubaksh Singh
Sibbia & Ors. v/s. State of Punjab (1980) 2 SCC 665. This Court
NEUTRAL CITATION
R/CR.MA/1595/2024 ORDER DATED: 19/02/2024
undefined
has also taken into consideration law laid down in the case of
Sushila Agarwal v/s. State (NCT of Delhi [(2020) 5 SCC 1].
7. In the result, the present petition is allowed by directing
that in the event of applicant herein being arrested pursuant to
FIR registered as C.R.No.11993002230661 of 2023 registered
with Adipur Police Station the petitioner shall be released on bail
on furnishing a personal bond of Rs. 10,000/- (Rupees Ten
Thousand only) with one surety of like amount on the following
conditions that the petitioner :
(a) shall cooperate with the investigation and make
himself available for interrogation whenever required;
(b) shall remain present at concerned Police Station on
13&14&.3.2024 between 10.00 a.m. and 4.00 p.m.;
(c) shall not directly or indirectly make any inducement,
threat or promise to any person acquainted with the
fact of the case so as to dissuade him from disclosing
such facts to the court or to any police officer;
(d) shall not obstruct or hamper the police investigation
and not to play mischief with the evidence collected
or yet to be collected by the police;
(e) shall at the time of execution of bond, furnish the
address to the investigating officer and the court
concerned and shall not change residence till the
final disposal of the case till further orders;
(f) shall not leave India without the permission of the
concerned trial court and if having passport shall
deposit the same before the concerned trial court
within a week; and
8. If breach of any of the above conditions is committed by
the petitioner, the concerned learned Judge will be free to take
NEUTRAL CITATION
R/CR.MA/1595/2024 ORDER DATED: 19/02/2024
undefined
appropriate action in the matter. It will be open for the
concerned Court to delete, modify and/or relax any of the above
conditions in accordance with law. At the trial, the Trial Court
shall not be influenced by the prima facie observations made by
this Court while enlarging the petitioner on bail.
9. Rule is made absolute. Direct service is permitted.
(J. C. DOSHI,J)
sompura
